Restock Flippers Terms of Service
Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Restock Flippers. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Restock Flippers may immediately terminate or modify these Terms or any Services concerning you, or generally cease offering or deny access to the Services or any portion thereof, at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Restock Flippers posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised agreement.
Helping you increase your reselling profits!
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This agreement may be modified by Restock Flippers from time to time, such modifications to be effective upon posting by Restock Flippers on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this agreement and agree to the terms, conditions, and notices contained or referenced herein.
1. Access and Retention
To access and retain this electronic agreement, you must be at least eighteen years of age or the age of legal majority in your jurisdiction (if different than 18) or have permission by a parent or legal guardian. You must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. Account registration requires you to submit to Restock Flipper's certain personal information, such as your full name, e-mail, billing address, as well as at least one valid payment method (either a credit card or accepted payment partner). Your payment information is stored on the secured third-party platform, STRIPE and users are encouraged to read and review Stripe's terms of service and privacy policies. You acknowledge that Restock Flippers is not liable for the safety and security of payments and payment information through any third-party platforms. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Restock Flippers' termination of these Terms with you. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your Account username and password at all times.
By posting or submitting any material on or through our websites such as comments, posts, photos, images, videos, or other contributions, you represent that you are the owner of all such materials and that you are at least 18 years old.
2. Commercial Use of Service
If you are using the service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant that: a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service; b. You have read and understood this Terms of Service; and c. You agree to this Terms of Service on behalf of the Subscribing Entity.
Use of the Websites and Service is with the permission of Restock Flippers, which may be revoked at any time, for any reason, in Restock Flippers's sole discretion.
3. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Restock Flippers of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Restock Flippers will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Restock Flippers account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or obtain, any content from the Websites (the "Content") or any part of the Websites unless given express permission by Restock Flippers.
c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the platform, except (i) where such content is created by you (such material, "Your Content"), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the content (the "Uploader").
d. You must not use any Content (other than Your Content) in any way designed to create a separate content service or that replicates any part of the Websites' offering.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish, or otherwise make use of any Content.
f. You must not apply the use of bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, mainly where such activity occurs multiply or repetitively. You must not offer or promote any such techniques or services to any other users of the website.
g. You must not alter or remove, or attempt to alter or remove any trademark, copyright, or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information about Content other than Your Content.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available, or otherwise communicate to the public:
● any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on the grounds of race, gender, religion or sexual orientation, or is otherwise objectionable and unethical in Restock Flippers's sole and reasonable discretion;
● any information, content or other material that violates, plagiarizes, misappropriates or infringes on third parties' rights, including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
● any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Restock Flippers's sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious components, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
● any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
j. You must not commit or engage in or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse, or otherwise harass another user or any Restock Flippers employee or agent. If we feel that your behavior towards any of our employees is threatening or offensive, we reserve the right to terminate your membership immediately, and you will not be entitled to any refund.
n. You must not sell or transfer or offer to sell or transfer any Restock Flippers account to any third party without the prior written approval of Restock Flippers.
o. You must not collect or attempt to collect personal data, or any other information about other users, including without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Restock Flippers or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Restock Flippers's servers, system or network or attempt to breach Restock Flippers's data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Restock Flippers's servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Restock Flippers under these Terms of Service, Restock Flippers reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
q. You must not act in any way that may violate integrated platforms on the website, including but not limited to; Discord, Stripe, or any other Third-Party Service's Terms of Service and Privacy Policies. Restock Flippers has no responsibility or liability for any User's conduct or misconduct on any Third-Party Platform, including but not limited to Discord and Stripe.
5. Services & Rules
Restock Flippers Members will receive exclusive access to the chat group facilitated through the online platform, Discord. Membership provides information, tools, and education to obtain shoes, clothing, and other retail goods. The chat group allows on-going support within the Restock Flippers membership group.
Restock Flippers may increase it's licensed prices at any moment and may/may not change certain restrictions on certain licenses (Yearly / Lifetime Licenses).
Restock Flippers' Yearly and Lifetime licenses' access to information and tools may subject to change. Any changes may or may not be accessible through extra payment monthly.
Restock Flippers "Lifetime" lasts as long as this service and/or product lasts. We do not have a guarantee that this service will last forever and/or lifetime.
Restock Flippers provides no express or implied warranty or representation of any kind that members will sell goods or make a profit. (See Section 15 below).
Restock Flippers is not responsible for the terms of service or policies of any third-party platform or third-party vendor, nor is Restock Flippers accountable for the acts, omissions, or liability of any third-party.
Members must abide by the Restock Flippers Discord Chat rules set out below:
Restock Flippers Discord Chat Rules
a) No spamming or flooding the chat with messages.
b) No bashing or heated arguments towards other members in the conversation. Respect everyone.
c) No adult (18+), explicit, or controversial messages.
d) No racist or degrading content (racial terms are not allowed).
e) No advertising other sites/discord servers/services (Permission must be requested from the Admins).
f) No offensive names.
g) Do not promote cracked bots or software.
h) Do not cause a nuisance in the community; repeated complaints from several members will lead to administrative action.
i) Do not argue with administrators and/or moderators.
j) Do not troll.
k) Use commands at their designated channels (NO COMMAND SPAM!).
l) Do not share accounts; if we find out, we will ban your account.
m) Do not spread false information; this could lead to an account ban.
n) DO NOT SHARE INFORMATION FROM THE DISCORD.
o) NO TALKING ABOUT OLD GMAILS, no purchasing or acquiring bulk Gmail accounts, as this constitutes impersonation and violates discord rules of service.
Voice Chat-Specific Rules
a) No voice chat surfing or switching channels repeatedly.
b) No offensive, loud or high pitch noises.
c) Reduce the amount of background noise, if possible. Resort to push to talk in your settings to reduce the issue.
d) You will be removed if sound quality is inferior to other members.
We do not allow reselling of active Restock Flippers accounts or keys ("keys" provide access to the Restock Flippers platform) or selling Restock Flippers accounts on a burner Discord. Anyone caught selling or reselling keys will be immediately banned from this service without a refund.
Breaking any one of the rules mentioned above may result in a temporary restriction of your account, and in case of repeated rule-breaking, we reserve the right to impose a permanent ban on your account or take such other action as we see fit. This may include taking legal action and/or reporting offending users to the relevant authorities if you infringe on another person's rights or violate any law, rule, or regulation.
6. Payments and Refunds
Payments are made through Stripe, a third-party application, via credit or debit card.
There are NO REFUNDS.
7. Dispute Resolution Policy
Restock Flippers is committed to providing exceptional service. If a dispute arises out of, or in connection with this agreement, the parties agree to meet in person (or via online video conference) with an objective third party to act as the mediator, to be selected using a roster mediator in the United States of America to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. If the dispute cannot be resolved after 30 days of intervention, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party. All legal action must occur in the jurisdiction of the appropriate court located in the United States of America.
You agree to comply with the above conditions and acknowledge and agree that Restock Flippers has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
8. Term and Termination
This agreement will remain in full force and effect while you use the Websites and/or service. You may terminate your membership and/or subscription at any time by contacting us at [email protected] If you resign or cancel your membership and/or subscription to Restock Flippers, to help us analyze and improve the service, you may be asked to provide a reason for your resignation/cancellation. Restock Flippers may terminate your membership and/or subscription for any reason by sending a notice to you at the e-mail address you provide in your application for membership, or such other e-mail address as you may later deliver to Restock Flippers. If Restock Flippers terminates your membership in the service because you have breached this agreement, you will not be entitled to any refund. All decisions regarding the termination of Accounts shall be made in the sole discretion of Restock Flippers. Restock Flippers is not required to provide you notice before terminating your membership and/or subscription. Restock Flippers is not needed and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this agreement will remain in effect. All terms that by their nature may survive termination of this agreement shall be deemed to survive such termination.
9. Modifications to Service
Restock Flippers reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Restock Flippers shall not be liable to you or any third party for any modification, suspension or discontinuance of the service.
10. Blocking of I.P. Addresses
To protect the Services' integrity, Restock Flippers reserves the right at any time in its sole discretion to block Members from specific I.P. addresses from accessing the Websites.
a. Proprietary Rights.
Restock Flippers retains all proprietary rights in the Websites and the Service. The Websites contain the copyrighted material, trademarks, and other proprietary information of Restock Flippers and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Restock Flippers is exclusive, and all information exchange in the chat groups is confidential. Except where otherwise specified in this agreement, all content is the copyrighted material of Restock Flippers and for Restock Flippers's Members' use only. Distribution of Content to others is strictly prohibited. You agree that Restock Flippers would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Restock Flippers shall be entitled to an injunction prohibiting you from any breach or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have. We may provide links to third-party websites, and some of the content appearing on Restock Flippers may be supplied by third parties. Restock Flippers has no responsibility for these third-party websites or for their content, which is subject to and governed by the Terms of Service and/or privacy policies of the applicable third-party content providers.
b. Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or the Service ("Your Content") is your own, and Restock Flippers is not liable for any posted content, nor shall Restock Flippers own any of the intellectual property of the content. When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Websites, you are granting us, and anyone authorized by us, license and authority to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This non-exclusive license allows us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your public comments, posts, photos, images, videos or other contributions by name, e-mail address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our website or in our content at any time for any reason. Any Content other than Your Content is the property of the relevant Uploader and may be subject to copyright, trademark rights, or other intellectual property or proprietary rights. Such content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the service or with the express written consent of the Uploader. Where you repost another user's content or include another user's content, you acquire no ownership rights whatsoever in that content. Subject to the rights expressly granted in this section, all rights in the material are reserved to the relevant Uploader.
12. Restrictions on Use of Materials
You acknowledge that Restock Flippers contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the relevant copyright laws, and Restock Flippers owns a copyright in the selection, coordination, arrangement, and enhancement of such Intellectual Property. All trademarks appearing on these Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, the use of any Intellectual Property in printed form or any other website or networked computer environment strictly prohibited unless you receive our prior written consent.
13. Copyright Policy
Restock Flippers prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
14. Limitation of Liability and Disclaimer
In no event shall Restock Flippers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in these Websites or any written or oral communications from Restock Flippers or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed at this moment, contrary to the statements and disclaimers contained in this paragraph. The content and functionality on the Websites and the Services provided by employees, contractors or agents of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Restock Flippers makes no warranties, express or implied, as to the ownership, accuracy, completeness, or adequacy of the Websites' content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third-party attack. You at this moment acknowledge that your use of the Websites and the service is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL Restock Flippers, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF Restock Flippers HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Restock Flippers HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Restock Flippers have BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
15. Indemnity by You
You agree to indemnify and hold Restock Flippers, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to a. your use of the service and/or Websites in violation of this agreement and/or arising from a breach of this agreement, including without limitation your representations and warranties set forth above;b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, or chat group and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services under these Terms of Service and the parameters set by you concerning the distribution and sharing of Your Content;c. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless the act of Restock Flippers caused such activity.
17. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this agreement, there shall be no third-party beneficiaries to this agreement.
18. Governing Law
These Terms shall be exclusively governed by and construed under the laws of the United States of America. In any judicial proceeding involving a dispute arising from or concerning this agreement, the parties agree to submit to the personal jurisdiction of the courts located in the city of under the laws of the United States of America.
Restock Flippers may give advice utilizing a general notification on the Services, electronic mail to your e-mail address in your account, or by written communication sent to your address as outlined in your account. You may give the notice to Restock Flippers by written communication to Restock Flippers's e-mail address at [email protected]
20. Entire Agreement
This agreement contains the entire agreement between you and Restock Flippers regarding the use of the Websites and/or the service.
21. Severability; Waiver
If any provision of this agreement is invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Also, Restock Flippers' failure to enforce any term of this agreement shall not be deemed as a waiver of such term or otherwise affect Restock Flippers's ability to apply such term at any point in the future.
The section headings contained in this agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this agreement.
If you have any questions about these Terms of Service, please contact us at [email protected]
Last Updated: August 2020
BY USING THE WEBSITE(S), YOU AGREE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. THE T.O.S. CAN
CHANGE AT ANY TIME, AND WE CAN ENFORCE IT HOWEVER WE WANT, IT IS UP
TO OUR DISCRETION ON A CASE BY CASE BASIS DEPENDING ON THE